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Hi Mr Mike…I’m confused…2 cases: goods on a shelf and in a shop window…
In the first case, poison is not allowed for sale…when the seller was sued he got away with saying It’s not offer but invitation to offer….Anyway, in the end the customer can buy it by making an offer under specialist authorization…This is breach of law….
If chemist doesn’t sell poison what’s the point of keeping it on a shelf…As for the second case, you said flick knife in a shop window is not offer but invitation to get the customers come in and the customers can’t buy it…this is so weird I never heard such kind of marketing thing, I don’t think malls use this method…
Thank you..“Anyway, in the end the customer can buy it by making an offer under specialist authorization…This is breach of law…. If chemist doesn’t sell poison what’s the point of keeping it on a shelf…” – you DO seem to have got the wrong end of the stick! The chemist’s shop DOES sell poison – it’s just that it’s restricted and it has to be sold by the / a qualified pharmacist rather than simply someone that helps out in the shop.
“As for the second case, you said flick knife in a shop window is not offer but invitation to get the customers come in and the customers can’t buy it…this is so weird I never heard such kind of marketing thing, I don’t think malls use this method…” – I’m so sorry that you’ve never heard of this type of marketing but ….. is that really relevant? I give you the “facts” of a case and you tell me that I’m wrong!
If you’re not happy with my version of events, check out the case for yourself (Fisher v Bell)!
But the principle stays the same whether it was a flick-knife, a pig or a railway engine! Goods in a shop window are invitations!
No problem – it’s good to see such a keen interest in this brilliant subject 🙂
Sir, If there is an item in the shop window and when when you inquire about that item (specifications or price) is it still an invitation or it turns into an offer?
Your enquiry is ….. an enquiry. It’s neither offer, invitation, acceptance nor counter-offer.
It’s just you, asking a question!
Thank you Mike for your lectures. Excellent work.
I’m still a little confused on the smoke ball case. I understand she won the case because she went through personal agony and persisted in taking these smoke balls for 4 weeks. Bit Im failing to understand why the courts would not accept if she paid money of value to buy the smoke balls which had promised that had certain benefits, is that not enough if the smoke balls did not benefit her like that said they would. What if it was a table they had advertised which didn’t give her any side effects, would she hae lost the case.There are two separate contracts here – the first is the purchase and sale of the smoke balls themselves and the second is the contract for the reward.
Remember we’re way back in history here – 1892!
When she paid money, she got smoke balls in exchange so contract completed
What did she do to get the £100?
Better?
Ok yes I do remember you mentioned that in the lecture.
Would that still apply today. If in a similar case today you were to take a company to court to claim the reward, would the company not be found to be misleading.As I jumping the gun here … :/
Goods sold should be fit for the purpose – if they don’t do what they should do, then you have a case
However, how do you prove that your snoring has not been improved or that your singing voice is still similar to that of a walrus giving birth to agricultural machinery?
@mikelittle said:
Your enquiry is ….. an enquiry. It’s neither offer, invitation, acceptance nor counter-offer.It’s just you, asking a question!
OK. But what is it when seller replies?
Would it then be classified as a reply, an offer or an invitation?
This seems like a silly question but I seem to confuse myself with the concept of offer
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